HomeMy WebLinkAboutR-12-0311City of Miami
Legislation
Resolution: R-12-0311
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00898 Final Action Date: 9/13/2012
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDEMNIFICATION AND
HOLD HARMLESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, FOR
GIBSON PARK, B-30305B.
WHEREAS, the City of Miami ("City") is the fee owner of the real property legally described in
Exhibit "A", hereinafter referred to as Gibson Park; and
WHEREAS, the Miami -Dade County Water and Sewer Department ("County") owns and operates
a twelve (12) inch water main located in theoretical Northwest 4th Avenue, Miami, Florida, and a
twenty (20) inch water main and a ten (10) inch sewer main located in theoretical Northwest 13th
Street, Miami, Florida, all within water and sewer easements or dedicated rights -of -way within Gibson
Park; and
WHEREAS, the right of ways within Gibson Park are theoretical because said park was relocated
due to the construction of 1-95 and the right of ways were not closed, vacated or abandoned; and
WHEREAS, the City has installed improvements to Gibson Park, consisting of a fence along
Northwest 14th Street, Miami, Florida, at theoretical Northwest 4th Avenue, Miami, Florida, a fence
along theoretical Northwest 13th Street, Miami, Florida, and a masonry wall in theoretical Northwest
13th Street west of Northwest 3rd Avenue, Miami, Florida, all of which encroach on the water and
sewer easements or dedicated rights -of -way, and all of which may conflict with the operation and
maintenance of the said existing water and sewer facilities owned and operated by the County; and
WHEREAS, the County has requested that the City enter into an Indemnification and Hold
Harmless Agreement ("Agreement") acknowledging and agreeing that Gibson Park has existing
improvements that encroach upon the water and sewer easements or dedicated rights of way; and
WHEREAS, in the Agreement, the City further acknowledges and agrees that the existing
improvements at Gibson Park may conflict with the operation and maintenance by the County of said
water and sewer facilities within the easements or dedicated rights of way; and
WHEREAS, said Agreement includes a cross -indemnity provision applicable to both, the City and
the County;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as fully set forth in this Section.
City of Miami
Page 1 of 2 File Id: 12-00898 (Version: 11 Printed On: 11/29/2017
File Number: 12-00898 Enactment Number: R-12-0311
Section 2. The City Manager is authorized {1} to execute an Agreement, in substantially the
attached form, with the County for Gibson Park, B-30305B.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 12-00898 (Version: 11 Printed On: 11/29/2017